Justice minister Eric Dupond-Moretti went on trial on Monday on charges of using his office to satisfy private interests. Having refused to step aside during the trial, he’s the first minister to be tried by the special Republican Court of Justice (CJR) while in office.
Dupond-Moretti, who became justice minister in July 2020, is the first serving minister to appear before the CJR – a court set up to judge government ministers for crimes and offences committed while in office.
The former well-known criminal barrister, nicknamed the "acquittor" for his record 145 acquittals, is accused of abusing his position as justice minister to try to secure disciplinary sanctions against four magistrates who investigated him, his former clients or friends.
The charges, which Dupond-Moretti denies, relate to two separate cases.
One concerns judge Edouard Levrault who had indicted two of Dupond-Moretti's clients back in 2016. Shortly after becoming justice minister, Dupond-Moretti's chief of staff ordered an administrative inquiry into Levrault over his handling of the investigations.
Levrault was cleared, and a decree was then issued recusing Dupond-Moretti of getting involved in cases where he had previously acted as a lawyer or in which he had been involved.
Dupond-Moretti is alleged not to have recused himself sufficiently.
The second case relates to his filing of a lawsuit just days after becoming justice minister. The suit alleged that in 2014 the office of the financial crimes prosecutor (PNF) had invaded his privacy by accessing his and other lawyers' phone records as part of a probe into former president Nicolas Sarkozy for alleged graft.
Damaged credibility
On Monday morning, Prime Minister Elisabeth Borne reiterated her support for Dupond-Moretti citing the right to presumption of innocence.
But members of the magistrature insist he should have stepped aside during the trial.
"This situation is unprecedented: a justice minister in office is judged by the Republican Court of Justice for infractions committed while he carries out his job," magistrates’ unions said in a statement ahead of the trial.
"Our organisations consider that this situation damages the credibility of the justice minister, and by ricochet, weakens the entire justice system," it said.
Government spokesperson Olivier Véran has denied there is a problem.
"Why would we ask a minister to step down... when he has not been convicted of anything or found guilty of anything?" he told BFMTV on Friday.
Dupond-Moretti has always maintained that he wanted to avoid any conflict of interest. On his appointment he signed a document declaring he would defend "integrity and morality" like all other ministers.
Speaking on public radio last month, he said his ministry would not be "abandoned" during the trial.
"The ministry will continue to function, that’s my only concern," he said.
The hearing is expected to run until 17 November.
Dupond-Moretti will be judged by three magistrates and 12 members of parliament, six from each house.
A majority of eight votes is needed to decide guilt and sentence.
If convicted, he faces up to five years in prison and half a million euros in fines.
